DINESH KUMAR @ KHOORPIWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the petitioner and learned counsel for the State. Petitioner is an Advocate practicing in the High Court. He has filed this writ petition assailing the notification bearing Memo No. 1374 dated 4.3.2014 issued by the Transport Department of the State Government (Annexure-2), whereunder amongst the high dignitaries who have been provided with red beacon light on their official vehicle, Principal Additional Advocate General, Bihar has also been included amongst the dignitaries named in the notification.

(2.) It is submitted by the petitioner that aforesaid notification is in teeth of the order dated 10.12.2013, passed by the Supreme Court in the case of Abhay Singh vs. State of Uttar Pradesh and Others, 2014 1 PLJR(SC) 151 (Annexure-1), as thereunder Supreme Court held that the State Governments and the Administration of Union Territories cannot enlarge the scope of the term 'High Dignitaries' beyond what is prescribed in Clauses 'c' and 'd' of Notifications dated 11.1.2002 and 28.7.2005 of the Central Government.

(3.) It is further submitted by the petitioner with reference to the aforesaid order of the Supreme Court that Principal Additional Advocate General, Bihar being not included in the aforesaid two notifications of the Central Government could not have been provided with a red beacon light on his official vehicle in terms of the impugned notification (Annexure-2). Petitioner also assailed the aforesaid notification (Annexure-2) on the ground that while notifying 'High Dignitaries' for providing with red beacon light on the official vehicle, the State of Bihar has not included District Judge serving in the 32 judgeships of the State and this Court should not only direct for deletion of Principal Additional Advocate General, Bihar from Annexure-2 but also direct for inclusion of the District Judge serving in the 32 judgeships of the State for being provided with red beacon light on their official vehicle.